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DECISION
QUISUMBING, J : p
For review on certiorari is the Court of Appeals' Decision, 1 dated April 26,
2000, in CA-G.R. SP No. 53169, as well as its Resolution, 2 dated October 11,
2000, denying the petitioners' Motion for Reconsideration. The Court of Appeals
modified the Resolution, 3 dated August 27, 1998, of the National Labor
Relations Commission (NLRC)-First Division which, in turn, dismissed the
petitioners' appeal from the decision of Labor Arbiter Ramon Valentin C. Reyes
in three (3) consolidated cases, namely:
(1) Josephine Julian, et al. vs. Stamford Marketing Corp. (NLRC NCR
Case No. 00-11-08124-94);
(2) Philippine Agricultural, Commercial and Industrial Workers Union,
et al. vs. GSP Manufacturing Corp., et al. (NLRC NCR Case No. 00-03-02114-95);
and
(3) Lucita Casero, et al. vs. GSP Manufacturing Corp., et al. (NLRC NCR
Case No. 00-01-10437-95).
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The instant controversy stemmed from a letter sent by Zoilo V. De La
Cruz, Jr., president of the Philippine Agricultural, Commercial and Industrial
Workers' Union (PACIWU-TUCP), on November 2, 1994, to Rosario A. Apacible,
the treasurer and general manager of herein petitioners Stamford Marketing
Corporation, GSP Manufacturing Corporation, Giorgio Antonio Marketing
Corporation, Clementine Marketing Corporation, and Ultimate Concept Phils.,
Inc. Said letter advised Apacible that the rank-and-file employees of the
aforementioned companies had formed the Apacible Enterprise Employees'
Union-PACIWU-TUCP. The union demanded that management recognize its
existence. Shortly thereafter, discord reared its ugly head, and rancor came
hard on its wake.
Josephine Julian, et al. vs. Stamford Marketing Corp.
NLRC NCR Case No. 00-11-08124-94
On November 9, 1994, or just a day after Apacible received the letter of
PACIWU-TUCP, herein private respondents Josephine Julian, president of the
newly organized labor union; Jacinta Tejada, and Jecina Burabod, board
member and member of the said union, respectively, were effectively dismissed
from employment.
Without further ado, the three dismissed employees filed suit with the
Labor Arbiter. In their Complaint, the three dismissed employees alleged that
petitioners had not paid them their overtime pay, holiday pay/premiums, rest
day premium, 13th month pay for the year 1994, salaries for services actually
rendered, and that illegal deduction had been made without their consent from
their salaries for a cash bond.
For its part, herein petitioner Stamford alleged that private respondent
Julian was a supervising employee at the Patrick's Boutique at Shoemart (SM)
Northmall. In October 1994, when she was four (4) to five (5) months pregnant,
the management of SM Northmall asked her to go on maternity leave, pursuant
to company policy. Julian was then directed to report at Stamford's Head Office
for reassignment. She was also asked to submit a medical certificate to enable
the company to approximate her delivery date. Julian, however, allegedly failed
to comply with these directives and instead, ceased to report for work without
having given notice. Stamford then allegedly asked Tejada to take over Julian's
position, but the former inexplicably refused to comply with the management
directive. Instead, like Julian, she abandoned her work with nary a notice or an
explanation. SaDICE
In NLRC NCR Case No. 00-03-02114-95, it was duly established that the
employees' union was not registered with the Bureau of Labor Relations.
Hence, private respondents had engaged in an illegal strike since the right to
strike may be availed of only by a legitimate labor organization. Labor Arbiter
Reyes upheld the dismissal of the union officers for leading and participating in
an illegal strike, but ruled the dismissal of the union members to be improper
since they acted in good faith in the belief that their actions were within the
bounds of law.
In NLRC NCR Case No. 00-01-10437-95, the Labor Arbiter found
petitioners liable for salary differentials and other monetary claims for
petitioners' failure to sufficiently prove that it had paid the same to
complainants as required by law. He likewise ordered the return of the cash
deposits to complainants, citing the same reasons as in NLRC NCR Case No. 00-
11-08124-94.
SO ORDERED. 6
In declaring the strike illegal, Labor Arbiter Amansec noted that: (1) no
prior notice to strike had been filed; (2) no strike vote had been taken among
the union members; and (3) the issue involved was non-strikeable, i.e., a
demand for salary increases.
Petitioners then moved for reconsideration of the NLRC ruling, citing the
ruling in NLRC NCR Case No. 05-03064-96 to support their position that
respondents herein had conducted an illegal strike and were liable for unlawful
acts.
On March 12, 1999, the NLRC resolved to partly grant the Motion for
Reconsideration, thus:
WHEREFORE, prescinding from the foregoing premises, the
Motion for Reconsideration is partly given due course, in that the
issues raised in NLRC NCR CASE No. 00-03-02114-95 is hereby
declared to have been rendered academic.
The rest of the dispositions in the questioned resolution remains.
SO ORDERED. 8
Unwilling to let the matter rest there, petitioners then filed a special civil
action for certiorari with the Court of Appeals, docketed as CA-G.R. SP No.
53169. The Court of Appeals considered the following issues in resolving the
petition, to wit: (a) the validity of the respondents' dismissal and entitlement to
backwages, (b) the validity of the Release, waiver and quitclaim executed by
some of the respondents, and (c) the validity of the claims for non-payment of
salaries, overtime pay, holiday pay, premium pay, etc.
On April 26, 2000, the appellate court disposed of CA-G.R. SP No. 53169
as follows:
WHEREFORE, premises studiedly considered, the Petition is partly
given due course as the 12 March 1999 Resolution of the NLRC is
hereby modified as follows:
1. In lieu of reinstatement, private respondents Josephine Julian,
Jacinta Tejada, and the rest of the officers of the Union shall be
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given separation pay at the rate of one month pay for every year
of service, with a fraction of at least six months of service
considered as one year, computed from the time they were first
employed until December 10, 1994;
2. Ordering petitioner corporations to reinstate, without loss of
seniority, Jacina Burabod and the rest of the Union members; plus
payment of backwages;
The rest of the dispositions in the two (2) challenged resolutions
remains.
SO ORDERED. 9
The appellate court brushed aside petitioners' theory that the illegality of
strike makes the respondents' dismissal legal. It stressed that while the strike
was illegal, marked as it was with violence and for non-compliance with the
requirements of the Labor Code, nonetheless, Julian, Tejada, and Burabod
(complainants in NLRC NCR Case No. 00-11-08124-94) were dismissed prior to
the staging of the strike. Said dismissal constitutes unfair labor practice.
Moreover, said dismissal was done without valid cause and due process. Thus,
the complainants in NLRC NCR Case No. 00-11-08124-94 are entitled to
reinstatement and backwages, although separation pay may be given in lieu of
reinstatement due to strained relations with petitioners. The appellate court
also ruled that the quitclaims relied upon by petitioners herein are void, having
been executed under duress. Finally, the Court of Appeals affirmed the finding
of the NLRC that petitioners had failed to support their claim of having paid
herein respondents their money claims, because belated evidence presented
by petitioners is bereft of any probative value.
Petitioners timely moved for reconsideration, but the appellate court
denied said motion.
Hence, this petition alleging that THE COURT OF APPEALS COMMITTED
PALPABLE AND REVERSIBLE ERRORS OF LAW WHEN:
I . . . IT ORDERED THE RESPONDENTS, WHO ARE UNION MEMBERS,
BE REINSTATED AND BE PAID BACKWAGES, DESPITE THE FACT
THAT IT CATEGORICALLY HELD THAT UNLAWFUL ACTS
ATTENDED THE STAGING OF THE ILLEGAL STRIKE IN
CONTRAVENTION OF THE CLEAR MANDATE OF ARTICLE 264(a)
OF THE LABOR CODE. HDAECI
In our view, considering the assigned errors, the following are the relevant
issues for our resolution:
1. Whether the respondents union officers and members were validly
and legally dismissed from employment considering the illegality of the strike;
2. Whether the respondents union officers and members are entitled
to backwages, separation pay and reinstatement, respectively.
On the first issue, petitioners argue that respondents were legally
dismissed, pursuant to Article 264 11 of the Labor Code in view of the
determination by the Labor Arbiter that the strike conducted by respondents
are illegal and that illegal acts attended the mass action. The respondents
counter that the determination of the illegality of strike is inconsequential as
the conclusion by the appellate court on the illegality of dismissal was based on
the petitioners' non-compliance with the due process requirements on
terminating employees, which had nothing to do with the legality of the strike.
Some elaboration on the legality of the strike is needed, though briefly. In
ruling the strike illegal, the NLRC observed that:
While the right to strike is specifically granted by law, it is a
remedy which can only be availed of by a legitimate labor organization.
Absent a showing as to the legitimate status of the labor organization,
said strike would have to be considered as illegal.
In the instant case, we find no reason to disagree with the findings of the
NLRC that the strike conducted by the respondent union is illegal. First, it has
not been shown to the satisfaction of this Court that said union is a legitimate
labor organization, entitled under Article 263 (c) to file a notice of strike on
behalf of its members. Second, the other requirements under Article 263 (c)
and (f) were not complied with by the striking union. On this matter, the record
is bare of any showing to the contrary. Hence, what is left for this Court to do is
to determine the effects of the illegality of the strike on respondents union
officers and members, specifically (a) whether such would justify their dismissal
from employment, and (b) whether they ceased to be entitled to the monetary
awards and other appropriate reliefs and remedies. DCISAE
SO ORDERED.
Puno, Austria-Martinez, Callejo, Sr. and Tinga, JJ., concur.
Footnotes
1. Penned by Associate Justice Andres B. Reyes, Jr., with Associate Justices
Fermin A. Martin, Jr., and Romeo A. Brawner, concurring. Rollo , pp. 123-143.
(c) No employer shall use or employ any strike-breaker, nor shall any
person be employed as a strike-breaker.
16. See CCBPI Postmix Workers Union v. NLRC, 359 Phil 741, 759 (1998).
21. Association of Independent Unions in the Philippines v. NLRC, 364 Phil. 697,
708 (1999).
22. G.R. No. 117040, 27 January 2000, 323 SCRA 445. Stress supplied.